44th Ordinary Session: Final Communique

Final Communique of the 44th Ordinary Session of the African Commission on Human and Peoples' Rights

1. The African
Commission on Human and Peoples’ Rights (African Commission), held its 44th Ordinary Session in Abuja, Federal Republic of Nigeria, from 10 to 24 November 2008.

2. Honourable Justice Sanji Mmasenono Monageng, Chairperson of the African Commission, chaired the Public Sessions, while the Vice- Chairperson, Dr
Angela Melo, presided over the Private Sessions during the temporary absence of the Chairperson.

3. The following Members attended and participated in the 44th Ordinary Session:

Commissioner
Catherine Dupe Atoki;

Commissioner
Musa Ngary Bitaye;

Commissioner
Reine Alapini-Gansou;

Commissioner
Bahame Tom Mukriya Nyanduga;

Commissioner
Soyata Maiga;

Commissioner
Mumba Malila;

Commissioner
Kayitesi Zainabo Sylvie;

Commissioner
Pansy Tlakula;

Commissioner
Yeung Kam John Yeung Sik Yuen.

4. A total of four hundred and ninety seven (497) participants attended the 44th Ordinary Session,
including thirty one (31) States Parties to the African Charter,
nine (9) National Human Rights
Institutions, seven (7) International and Inter-Governmental Organizations, and two hundred and
seventy five (275) African and International NGOs.

5. The 44th Ordinary Session was preceded
by a number of parallel
activities and meetings, including the following:

Consultative Meeting on Theatre as a Vehicle for Human Rights Education, from 4 to 5 November 2008;

Meeting of the Working Group on Economic, Social
and Cultural Rights (ECOSOC, from 5 to 6 November 2008;

Diplomatic Training
for Staff and Commissioners,
from 6 to 7 November 2008;

NGO Forum, from 7 to 9 November 2008;

Meeting of the Working Group on Indigenous Populations /
Communities in Africa, from 7 to 9 November 2008;

Meeting of the Working Group on the Death Penalty, from 8 to 9 November 2008;

Consultative Seminar on the Interaction between the Community Courts, including the African Courts on Human and Peoples’
Rights Seminar Co-hosted
by Interights and MacArthur Foundation on 8 to 9 November 2008;

Roundtable Discussion on ‘Upholding Women’s Rights to a High Standard of Living, Health, Housing and Well-being’, 14 November 2008

6.The purpose of these activities and meetings
was to enhance the visibility of the
African Commission.

7. The 44th Ordinary Session was preceded
by the NGO Forum, organised by
the African Centre for Democracy
and Human Rights Studies, which was
held from 7 to 9 November 2008.
The over 200 interest
groups and participants, examined the human rights situation in Africa, and expressed concerns over specific issues such as the situation of the rights of women and conflicts in the Great Lakes Region.

8. The Honourable Solicitor General of the Federal
Republic of Nigeria,
Mr. A. A. Yola, representing the Attorney
General and Minister of Justice of the
Federal Republic of Nigeria, Chief
Michael Kaase Aondoaka SAN, welcomed all participants to the Session of the African Commission
taking
place in Abuja, Nigeria. The Honourable Solicitor General thanked Members and staff of the African Commission for accepting the invitation of the Federal Government of Nigeria to host the 44th Ordinary Session of the
African Commission.

9. He said that the Nigerian Government is committed to the promotion of human rights,
peace and stability across the region, and that President Alhaji Umaru Musa Yar’Adua, GCFR, has pledged the commitment
of his administration to democratic
and open society based on the rule of law, and a country that
is fair to all persons living in it. He added that the Government
has recently developed a Federal Action
Plan for the protection and promotion of human rights in Nigeria, and is also taking
steps to ensure the entrenchment of the culture of human rights.

10. The Executive Director
of the Centre for Democracy and Human Rights
Studies, Mrs Hannah Forster,
the representative of Non-governmental Organisations, expressed concern at the continuous human rights violations
in some African countries, caused or aggravated by poverty,
conflicts, and bad governance. She expressed the concern of the NGO Forum regarding
the persistence of conflicts in the Great Lakes Region of Africa and flow of
refugees. Mrs. Hannah Forster
called on African Governments
affected by armed conflicts to ensure that all parties involved in the conflicts respect
international humanitarian
law,
and that those who commit war crimes be brought before competent courts for trial. She requested the African
Commission to adopt a resolution on the violation of human rights and international humanitarian law
committed by all persons in conflicts in
Africa. Mrs. Hannah Forster also expressed concern about human rights
violations against women and children, in particular the practice of harmful traditional practices and trafficking
in women.

11. The Executive Director Mr Gilbert Sebihogo, on behalf of the Network of African National Human Rights Institutions,
said that the Network was a
strategic partner of the African Commission in
the promotion and protection of human rights in Africa. On the general human rights
situation, he lamented that after several years, human rights issues on the African continent still remain critical. Underscoring the alarming human
rights situation in many parts of the continent, especially
the ongoing conflict in the Great Lakes Region, that is now becoming a threat to international peace and security, he called on all the parties involved in
the conflict for an immediate cessation
of hostilities. He emphasised that
democracy can only be realised through transparency,
good governance, peace and respect
for human rights,
and urged governments to support
their work.

12. Speaking on behalf of States Parties to the African Charter, the Minister of Legal
Affairs and Human Rights of the Great Peoples’ Congress, Socialist Peoples’ Jamahiriya, Libya, Mr Hosni Alwiheshe, stated that the 44th Ordinary Session is taking
place at a time when the question of human rights has become a concern for States Parties,
and regarded as an important issue for the
global agenda. He noted that armed conflicts continue to be the main cause of human rights violations
in Africa. Mr Hosni Alwiheshe highlighted Libya’s contribution in
the settlement of conflicts in the region
by
engaging belligerents
in a
process of constructive dialogue, and through
the provision of humanitarian assistance to victims.

13. In her opening statement, the
Chairperson of the African Commission, speaking on behalf of the
Members and Staff of the Commission, and on
her own behalf, expressed gratitude to His Excellency Alhaji Umaru Musa Yar’Adua, GCFR, President of the Federal Republic of Nigeria,
for inviting the Commission
to Abuja, Federal Republic of Nigeria.
She welcomed all participants and thanked the Government and People of Nigeria for hosting
the Session.

14. The Chairperson noted that since the last Session
a lot of development has
taken place in the field of human rights.
She indicated that the African
Commission had organized a number of consultations and meetings
to improve its working methods, and to forge closer collaboration
with its various partners. She stated that despite some progress, the overall human
rights situation remains unsatisfactory.
She deplored the conflicts in a number of African countries where human rights and humanitarian
laws are violated. In that regard, she said the African Commission
is concerned about the escalating violence in the Democratic Republic of Congo and the
related deteriorating human rights abuses, especially in the North Kivu
Province.

15. She highlighted the need to build a culture of human rights observance
and to establish strong
mechanisms to protect human rights in Africa. She noted that economic
and social rights are still beyond the reach of most Africans
who
continue to lack access to clean water, food, adequate
housing, and called on States Parties to ensure the enjoyment of these
rights. She expressed concern that the situation of women remains a very serious concern, especially in Somalia.

16. The Chairperson recalled that the drafters of the African Charter
recognized that the promotion and protection
of human rights should be
our
collective responsibility. She further noted that although the primary responsibility for human rights protection is on governments,
other
stakeholders have to play their own role. She, therefore, called on all
stakeholders to reflect on how best they can continue to uphold human
rights and human dignity in Africa.

17. Honourable Chief
Odein Ajumogobia, SAN, Minister
of Energy and Petroleum Resources, speaking on behalf of the President of the FederalRepublic of Nigeria, His Excellency Alhaji Umaru Musa Yar’Adua, GCFR,
officially opened the 44th Ordinary Session
of the African Commission.

18. Honourable Chief Odein Ajumogobia, SAN, welcomed the Members of the
African Commission
and the participants
to the Federal Republic of Nigeria. He thanked the Members of the Commission for choosing Nigeria to hold the
Session of the African Commission.

19. He noted that Nigeria has had a long and proud relationship with the
African Commission and is among the first African States
to sign, ratify and domesticate the African Charter, reaffirming the commitment and unshaken
resolve of Nigeria to live up to its obligations
to uphold human
rights and fundamental freedoms.
Chief Ajumogobia pointed out that the 1999 Constitution
of Nigeria provides a good foundation for
human rights, and that the
Nigerian judiciary has earned a reputation
of protecting human rights in Nigeria. He stated that since the current President came to power in 2007, his administration has been working on issues such as the rule of law and due process
that are necessary for human rights protection.

20. Chief Ajumogobia observed that the African continent is still beset with several human rights problems
and the general lack of access to basic
needs for dignified
living. He stated that Africa cannot continue to be the
object of pity by the rest of the world, and that self-reliance
and the achievement of the Millennium Development Goals must be a priority of
African States. Chief Ajumogobia emphasized
that in order for Africa to
achieve the Millennium Development Goals, it
is important for all to realize that society is about empowering people to change their material conditions. He went on to state that the rights of Africans
must be respected if they are expected
to contribute to the crusade for Africa’s
economic and social rebirth.

21. Noting the importance
of the mandate of the African Commission to promote and protect human rights in Africa, he implored African
Governments to work with the African Commission to do away with the
culture of impunity in Africa, and to demonstrate
that
Africa and her people will have no tolerance for violators of human rights on the
Continent. He urged the African Commission
to re-dedicate itself to a
programme of human rights education, to foster the attitudes and
behaviours needed to uphold human rights for all members of society.

23. Statements were also made by representatives of Intergovernmental and International Organizations,
as well as by the National Human Rights
Institutions in Africa and Non-governmental Organizations.

24. In her statement, the Chairperson of the African Committee
of Experts on the Rights and Welfare of the Child, Mrs Seynabou
Ndiaye Diakhate, lamented the deterioration of human rights observance in the continent. She recalled that at the 12th Summit of Heads of State and Government, the
Executive Council adopted a resolution
requesting the African Commission and the Committee to work in close partnership. She said that time has
now come for the
two
organisations to cooperate more
closely through, among other things,
the organisation of periodic meetings, joint missions, and experience
sharing.

25. The Representative of the Office of the United Nations High Commissioner
for
Human Rights, Ms Samia Slimane in her statement,
informed the Session that twenty one years on, the situation of human
rights on the African continent remains generally grave. She indicated that
the combination of corruption and impunity jeopardizes the efforts being deployed in many parts of the continent
to alleviate poverty and strengthen peace building.

26. She praised the efforts
being made by the African
Union, Regional Economic Communities
and States Parties to give effect to all categories of rights, including the right to development. She stated
that the Office of the
United Nations High Commissioner for Human Rights intends
to move from an ad hoc support
to real partnership with the
African Union through the intensification
of its assistance to the AU, and the reinforcement of the capacity
of the Peace and Security Council.

27. Ms Samia Slimane underscored that such cooperation
between the Office
of the United Nations High Commissioner for Human Rights and the AU
will
be formalised
through a Memorandum of Understanding
that will be
signed during the AU Summit
in January 2009. Further more, she called upon
the African Commission
to contribute to
the Universal PeriodicReview, by providing
credible and reliable information on States Reports to
the UN Human Rights Council.

28. The representative of the International Organisation of the Francophonie,
(OIF) Mr Tigri Alassani,
expressed his appreciation
for
the Commission’s work in advancing human rights in Africa, and for its support to the work
of national and regional mechanisms in protecting and promoting human rights. In this context, he confirmed his organisation’s
commitment to support further the various initiatives undertaken
by the Commission in
raising awareness and respect for human rights in Member States, and assisting them to meet their human rights obligations.
He recognised the facilitating role that the Commission could play in strengthening dialogue on and raising awareness
of human rights in States Parties, and through
the African Union.

29. He declared that the OIF is committed, through the Bamako Declaration on Democracy, to the consolidation of
peace, the rule of law and the promotion
of human rights in Africa. He indicated
that
the OIF has been involved in the resolution
of conflicts in Africa, especially
in Chad, the
Central African Republic, Guinea, and Cote d’Ivoire.

30. The representative of the Inter-American Commission on Human Rights (IACHR) Elizabeth Abi Mershed, thanked
the African Commission for the opportunity given her Organisation
to make a statement at the Session of the African Commission. She indicated that the IACHR is the counterpart
of the ACHPR in the Americas. She said that both institutions
share
the same objectives and face similar challenges. She indicated that
the collaboration between the two organisations will help each of them to
learn how to address challenges in the future. She concluded by stating
that the Inter-American Commission
is willing to strengthen its
relationship with the African Commission.

31. In conformity with Article
62 of the African Charter
on Human
and Peoples’ Rights, the Second Periodic Report of the Federal
Republic of the
Nigeria was presented to the Commission. The Concluding Observations
on the Report was adopted by the African Commission.

32. Members of the African Commission presented their reports of the activities they undertook as Members of the Commission, as well as activities undertaken during the inter-session in the context of their various special mechanisms and mandates. The following Reports were presented on:

The Follow-up Committee on the Implementation
of the Robben Island Guidelines,

Working Group on Indigenous Populations / Communities in Africa,

Working Group on Economic, Social and Cultural Rights
in Africa,

Working Group
on Specific Issues Relevant to the Work of
the African Commission,

Working Group on the Death Penalty, and

The Focal Point on the Rights of Older Persons.

33. They reported on the human rights situation in Africa
and proposed recommendations with a view to enhancing the promotion and protection of human rights in general.

34. The African
Commission did not
receive any application for
Affiliate Status by a National
Human Rights Institution during the 44th Ordinary Session, hence the number
of NHRI with Affiliate
Status with the African
Commission remains at 21.

35. The African Commission considered applications by NGOs and granted Observer Status to the following NGOs:

Arid Lands
Institute, Kenya;

Association Omunga , Angola;

Coalition for an Effective
African Court on Human and Peoples’
Rights, Tanzania;

Collectif des familles des disparu(e)s en Algérie, France;

Human Rights Development Initiative (HRDI), South Africa:

International Humanist and Ethical Union, United Kingdom;

International
Catholic Movement for International and Cultural Affairs (ICMICA) (Pax Romana), Switzerland;

Save the Children
Sweden, Sweden;

Water Aid, United Kingdom,

National Counseling
Center, (NCC), Angola;

Asociacao Construndo Comunidades,
Angola; and

Rights Enforcement and Public Law Centre (REPLACE), Nigeria

36. The Commission
deferred two requests for Observer Status to its 45th Ordinary Session: Plan International and International Foundation for the
Protection of Human Rights Defenders.

37. This brings the number of NGOs with Observer
Status with the African Commission to three hundred and ninety two (392)

38. The Secretary to the African Commission, Dr. Mary Maboreke, presented
her Report to the African Commission. The report covered administrative,
financial and other matters relating to the work of the Commission.

39. The African Commission adopted the following Resolutions:

Resolution on the Human Rights Situation in the Republic of The Gambia;

Resolution on Elections in Africa;

Resolution Calling on State Parties to Observe the Moratorium on Death Penalty;

Resolution on Human Rights Situation in Somalia;

Resolution on Joint Promotional
Missions;

Resolution on Access to Health
and Needed Medicine in Africa;

Resolution on the Human Rights Situation in the Democratic
Republic of Congo;

Resolution on Maternal Mortality in Africa;

Resolution on the Human Rights and Humanitarian Situation in Zimbabwe.

40. The African Commission considered and adopted its Interim
Rules of Procedure with a view to preparing for a meeting with the African Court to harmonise
the Rules of the two organs. The African Commission
decided to transmit its Interim Rules of Procedure on complementarity to the
African Court.

41. The African Commission considered 74 Communications:
it was Seized with 10; it considered 44 on Admissibility
and 20 on the Merits. The
Commission finalized
two Communications, and decided to defer the rest for consideration to its 45th Ordinary Session
to be held in May 2009.

42.The African Commission adopted its Twenty fifth (25th) Activity Report
which will be submitted to
the 15th Ordinary Session of the Executive
Council, and the 13th Summit of the Assembly of Heads of State and Government
of the African Union, scheduled to take place in Addis
Ababa in January 2009.

43. The African Commission adopted the following Reports:

Report of the Promotional
Mission to Malawi,

Report of the Promotional Mission
to Zambia,

Report of a Fact-finding
Mission to Botswana,

Report of the Working Methods Workshop of the African Commission,

Report of the Brainstorming / Consultative Meeting
of AU Organs on their Working Relations,

Report of the Conference on Strategic Partnering
on Human Rights in Africa.

44. The African Commission expresses its sincere appreciation and profound
gratitude to the Government and People of the Federal Republic Nigeria
for the excellent facilities placed at its disposal, and for
the warm welcome and hospitality accorded to the participants, all
of which contributed
immensely to the success of the deliberations of its 44th Ordinary Session.

45. The Closing Ceremony of the 44th Ordinary Session took place on the 24 November 2008, in Abuja, Nigeria.

46. The Chairperson of the African
Commission held a Press Conference after
the Closing Ceremony.